GRM 2010 GRM 2011

Abstract Details

 
AUTHOR NAME
 
Family Name:
Naim
 
First Name:
Nadia
 
ABSTRACT OF PAPER
 
Title of Paper:
An examination of the intellectual property regimes in the gulf co-operation council (GCC) states and a series of recommendations to develop an integrated approach to intellectual property rights
 
Paper Proposal Text :
Abstract

The research focuses on the intellectual property developments made by the member states of the Gulf Co-operation Council (GCC) and how intellectual property development can act as a catalyst for financial prosperity. The main purpose of the research is to analyse and examine the intellectual property provisions currently in existence within the six states of the GCC and agreements entered into by the six states collectively under the GCC Union. The aim is to provide recommendations to improve the current level of intellectual property protection at both a national level and at a state level in the GCC through an integrated intellectual property protection model which takes into account; the structure of the GCC states, international agreements and pressures, the international institutions, Islamic finance and both societal and religious views.
There have been three main stages in the development of intellectual property in the Gulf states; a pre Trade Related Aspects of Intellectual Property Rights (TRIPS) stage, the current level of TRIPS compliance and a push towards TRIPS Plus. To date, each individual Gulf state has developed its intellectual property laws at varying rates. Post 2000, the Gulf states all display a set of intellectual property laws that are largely compliant with TRIPS. Therefore a question arises as to how much scope there is in the current laws to accede to more stringent intellectual property provisions. The research will show this is a key question for both the GCC, its international partners and the wider trading communities of the WTO.
There is a widening gap between the level of intellectual property standards that are demanded by developed countries and the capability of the GCC states to enforce these standards. Through intellectual property the region is opening itself up to further foreign direct investment which can lead to a positive impact on the economy. Underlying the legislative changes that have taken place in the GCC, is the influence of sharia law . The research will assess the impact of sharia law on the decisions taken by the GCC in intellectual property law development. It is an important area of study as developing Muslim countries are struggling with meeting international standards and a successful integrated approach to intellectual property rights could impact on a number of countries and trade agreements with developed states .
Where the study of intellectual property developments and Islamic law becomes multi-faceted is when consideration is given to the dichotomy that has arisen between the levels of intellectual property legislation in the Gulf states against the pressures from international states to increase intellectual property enforcement mechanisms. There are international pressures on the GCC states to adopt enhanced intellectual property laws for which they lack the necessary expertise, infrastructures and judicial experience to implement.

Research Questions

• How can the GCC states satisfy international demands for better intellectual property protection without compromising their Islamic values and traditions?
• Do the GCC states have the necessary capacity both in their legal structure and internal institutions to increase their levels of intellectual property protection?
• What recommendations can be made to develop an integrated approach to intellectual property rights in the GCC taking into account; the structure of the GCC states, international agreements and pressures, the relevant international institutions, Islamic finance and both societal and religious views.

Novel contribution

What sets the research apart from previous research is two-fold. Firstly, the research is qualitative and has scratched beneath the surface of intellectual property law in the GCC and examined in detail the Islamic law principles that have been used to justify sharia compliance, the western perspective on international intellectual property and the impact of multilateral trade agreements. Secondly, the analysis of Islamic finance and the application of successful sharia compliant models in Islamic finance to intellectual property is innovative as it acts as a springboard to creating a modified sharia compliant intellectual property protection model. Finally, the research will conclude by making a series of recommendations to develop an integrated approach to intellectual property rights which takes into account; the structure of the GCC states, international agreements and pressures, the international institutions, Islamic finance and both societal and religious views.
 
 
 

WITH THE GENEROUS SUPPORT OF